The court also granted application by Okwu to strike out the matter for lack of jurisdiction.
The Federal High Court presided over by Abdulkadir Abdul-Kafarati, on Monday struck out an application for stay or execution of the judgement that removed the National Chairman of the All Progressives Grand Alliance, APGA, Victor Umeh and the National Secretary, Sani Shinkafi, from office.
The court also granted an application filed by Oba Maduabuchi, counsel to a factional National Chairman, Maxi Okwu, to strike out the matter for lack of jurisdiction since Messrs Umeh and Shinkafi had accepted the judgment and entered appeal at the Court of Appeal.
The appeal is slated for hearing at the Court of Appeal Abuja Division on April29, 2014
The court had sacked Messrs Umeh and Shinkafi via a judgement delivered on January 15. The judgement followed a suit instituted by Mr. Okwu in August 2013 against the two men and the Independent National Electoral Commission, INEC, seeking a court order directing the second defendant (Shinkafi) to vacate office as National Secretary of the party having been first elected into office on January 10, 2003, and re-elected for a second tenure which expired on January 9, 2010.
He also sought an order directing the duo to vacate their offices forthwith having not been elected in accordance with Article 18(4) of the constitution of the party.
The section prescribes mandatorily that election into the offices shall be by secret ballot.
He also sought an order directing INEC to deal with his (Okwu) leadership of APGA.
Mr. Abdul-Kafarati granted all the reliefs sought by Mr. Okwu.
However, Messrs. Umeh and Shinkafi immediately filed a notice to stay the execution of the judgement pending the hearing and determination of an appeal they filed at the Court of Appeal.
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